S. 3(1) def. of applicable entity inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(1)(a).
applicable entity means—
(a) an incorporated body or association; or
(b) an unincorporated body or association (however structured); or
(c) an individual who—
(i) carries on a business; and
(ii) engages contractors, employees or volunteers to assist the business in providing services or facilities or in producing or providing goods;
S. 3(1) def. of Associate Social Services Regulator inserted by No. 58/2025 s. 29(2).
Associate Social Services Regulator means an Associate Social Services Regulator appointed under section 18A of the Social Services Regulation Act 2021;
S. 3(1) def. of authorised officer inserted by No. 23/2021 s. 5(2).
authorised officer means a person appointed to be an authorised officer under section 27;
S. 3(1) def. of authorised person repealed by No. 79/2012 s. 74(1),
new def. of authorised person inserted by No. 63/2016 s. 5, substituted by Nos 23/2021 s. 5(3), 58/2025 s. 29(1).
authorised person means a person authorised under section 26;
S. 3(1) def. of authorised representative inserted by No. 11/2018 s. 5(a).
authorised representative, in relation to an individual, means a person—
(a) who is an authorised representative, within the meaning of section 28(6) of the Privacy and Data Protection Act 2014, of that individual; and
(b) who is not a person of concern within the meaning of section 144B of the Family Violence Protection Act 2008; and
(c) who is not alleged to pose a risk of family violence;
S. 3(1) def. of authorising Act inserted by No. 23/2021 s. 5(2).
authorising Act, in relation to an integrated sector regulator, means—
(a) the Act under which the integrated sector regulator is established or continued; or
(b) an Act prescribed for that integrated sector regulator;
S. 3(1) def. of category 1 entity inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(2)(a), repealed by No. 23/2021 s. 5(1).
S. 3(1) def. of category 2 entity inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(2)(b), repealed by No. 23/2021 s. 5(1).
S. 3(1) def. of category of entity inserted by No. 23/2021 s. 5(2).
category of entity means—
(a) an item in Schedule 1; or
(b) any other category (however described) of relevant entity in relation to which a sector regulator—
(i) is prescribed; or
(ii) is allocated under Part 6;
S. 3(1) def. of central register substituted by No. 96/2005 s. 604(1)(a), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 4/2017 s. 5(1).
Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
S. 3(1) def. of child amended by Nos 11/2018 s. 5(b), 23/2021 s. 5(4).
child means (other than in Part 6A) a child or young person who is under the age of 18 years;
S. 3(1) def. of child abuse inserted by No. 63/2015 s. 5(2), amended by No. 47/2016 s. 33.
child abuse includes—
(a) any act committed against a child involving—
(i) a sexual offence; or
(ii) an offence under section 49M(1) of the Crimes Act 1958; and
(b) the infliction, on a child, of—
(i) physical violence; or
(ii) serious emotional or psychological harm; and
(c) the serious neglect of a child;
S. 3(1) def. of Child Safe Standards inserted by No. 63/2015 s. 5(2).
Child Safe Standards means the standards made under section 17(1);
S. 3(1) def. of Child Safety Commis-sioner repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of Commission inserted by No. 63/2016 s. 5.
Commission means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;
S. 3(1) def. of confidential information inserted by No. 11/2018 s. 5(a).
confidential information means—
(a) health information; or
(b) personal information; or
(c) sensitive information within the meaning set out in Schedule 1 to the Privacy and Data Protection Act 2014; or
(d) unique identifiers; or
(e) identifiers within the meaning of the Health Records Act 2001;
S. 3(1) def. of correspon-ding reportable conduct law inserted by No. 58/2025 s. 3.
corresponding reportable conduct law means a law of another State or a Territory that substantially corresponds to Part 5A;
S. 3(1) def. of correspon-ding reportable conduct regulator inserted by No. 58/2025 s. 3, amended by No. 58/2025 s. 55(Sch. 1 item 1.1(a)).
corresponding reportable conduct regulator means an entity (however described) that has functions and powers under a corresponding reportable conduct law which substantially correspond to the functions and powers conferred on the Social Services Regulator by Part 5A;
S. 3(1) def. of council amended by No. 9/2020 s. 390(Sch. 1 item 15).
council has the same meaning as it has in the Local Government Act 2020;
S. 3(1) def. of court inserted by No. 63/2016 s. 5, amended by No. 11/2018 s. 5(c).
court means (other than in Parts 6A and 7A) the Magistrates' Court;
S. 3(1) def. of Department inserted by No. 63/2016 s. 5.
Department has the same meaning as it has in the Public Administration Act 2004;
S. 3(1) def. of employee inserted by No. 4/2017 s. 5(1), amended by Nos 4/2018 s. 3(1)(b), 17/2023 ss 19(2), 53.
employee, in relation to an entity to which the reportable conduct scheme applies, means a person of or over the age of 18 years who is—
(a) employed by the entity, whether or not the person is employed in connection with any work or activities of the entity that relate to children; or
(b) engaged by the entity to provide services, including as a volunteer, contractor, office holder or officer, whether or not the person provides services to children; or
(ba) a person who—
(i) is supplied to the entity by a provider for whom the person is a worker or volunteer worker; and
(ii) performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or
Examples
A relief teacher in a school.
An agency nurse working in a hospital.
(bb) a secondee to the entity who performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or
(bc) if the entity is an applicable entity who is an individual, the individual; or
(bd) engaged by the entity through another body of which the person is a director or other office holder, whether or not the person provides services to children; or
Example
A sole director of a company that has entered into a contract for services with the entity, provided that the director performs work for the entity.
(c) if the entity is a religious body (within the meaning of section 81 of the Equal Opportunity Act 2010)—a minister of religion, a religious leader or an employee (within the meaning of paragraph (a) or (b)) or officer of the religious body; or
(d) either—
(i) a foster carer approved by the provider of an out of home care service with whom a child is or has been placed in accordance with the Children, Youth and Families Act 2005 or an order made under that Act; or
(ii) a family member or other person of significance to a child with whom the child is or has been placed in out of home care, or who is supervised in that care, by the entity, or the head of the entity, under the Children, Youth and Families Act 2005 or in accordance with an order made under that Act—
and—
(iii) a permanent care order has not been made in respect of the child; or
(iv) a permanent care order has been made in respect of the child and a reportable allegation in relation to the child is made concerning the permanent carer in respect of the period before the making of the order; or
(e) a person in a prescribed class of person—
but does not include a person in a class of person prescribed not to be an employee;
S. 3(1) def. of entity to which the reportable conduct scheme applies inserted by No. 4/2017 s. 5(1).
entity to which the reportable conduct scheme applies means—
(a) on and after the commencement of Part 5A, an entity referred to in Schedule 3; and
(b) on and after 6 months after the commencement of Part 5A, an entity referred to in Schedule 4; and
(c) on and after 18 months after the commencement of Part 5A, an entity referred to in Schedule 5; and
(d) on and after a prescribed date in relation to that entity or class of entities, a prescribed entity or an entity belonging to a prescribed class of entities;
S. 3(1) def. of family violence inserted by No. 11/2018 s. 5(a).
family violence has the same meaning as in the Family Violence Protection Act 2008;
S. 3(1) def. of guardian inserted by No. 23/2021 s. 19.
guardian includes—
(a) a guardian within the meaning of the Guardianship and Administration Act 2019; or
(b) in the case of a child, a person with parental responsibility for the child;
S. 3(1) def. of head inserted by No. 4/2017 s. 5(1), substituted by No. 4/2018 s. 3(1)(c), amended by No. 58/2025 s. 55(Sch. 1 item 1.1(b)).
head, in relation to an entity to which the reportable conduct scheme applies, means—
(a) if the entity is a Department, the Secretary to the Department or the delegate of the Secretary; or
(b) if the regulations prescribe a person or a class of persons as the head of an entity, the prescribed person or a person belonging to the prescribed class of persons; or
(c) in any other case—
(i) the chief executive officer of the entity (however described); or
(ii) if there is no chief executive officer, the principal officer of the entity (however described); or
(iii) if there is no chief executive officer or principal officer, a person, or the holder of a position, in the entity nominated by the entity and approved by the Social Services Regulator;
S. 3(1) def. of head of a relevant entity inserted by No. 63/2016 s. 5.
head of a relevant entity means—
(a) an individual who is primarily responsible for—
(i) engaging and terminating the engagement of the relevant entity's employees; and
(ii) managing the relevant entity's employees; or
(b) a person nominated by the relevant entity; or
(c) a person or class of person prescribed to be a head of a relevant entity;
S. 3(1) def. of health information inserted by No. 11/2018 s. 5(a).
health information has the same meaning as in section 3(1) of the Health Records Act 2001;
S. 3(1) def. of health professional substituted by Nos 97/2005 s. 182(Sch. 4 item 9), 13/2010 s. 51(Sch. item 11.1), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of health service repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of human service amended by Nos 23/2006 s. 233, 80/2011 s. 79(Sch. item 1), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of independent investigator inserted by No. 4/2017 s. 5(1).
independent investigator means an independent body or person with appropriate qualifications, training or experience to investigate reportable allegations;
S. 3(1) def. of information sharing entity inserted by No. 11/2018 s. 5(a).
information sharing entity has the meaning set out in section 41R;
S. 3(1) def. of integrated sector regulator inserted by No. 23/2021 s. 5(2).
integrated sector regulator has the meaning set out in section 25F;
Maternal and Child Health Centre means a centre where health advice is given to the parents and other caregivers of children under 6 years of age;
S. 3(1) def. of medical practitioner inserted by No. 13/2010 s. 51(Sch. item 11.2), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 11.2).
midwife means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b) in the register of midwives kept for that profession;
S. 3(1) def. of municipal district amended by No. 9/2020 s. 390(Sch. 1 item 15).
municipal district has the same meaning as it has in the Local Government Act 2020;
S. 3(1) def. of notice to comply inserted by No. 63/2016 s. 5.
notice to comply, in Part 6, means a notice given to a relevant entity under section 31;
S. 3(1) def. of notice to produce, in Part 5A inserted by No. 4/2017 s. 5(1).
notice to produce, in Part 5A, means a notice given to an entity under section 16ZG;
S. 3(1) def. of notice to produce, in Part 5B inserted by No. 17/2023 s. 22.
notice to produce, in Part 5B, means a notice given to a person under section 16ZZI;
S. 3(1) def. of notice to produce, in Part 6 inserted by No. 63/2016 s. 5.
notice to produce, in Part 6, means a notice given to a relevant entity under section 30;
S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 11.2), amended by Nos 79/2012 s. 74(2), 63/2015 s. 5(1).
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
S. 3(1) def. of occupier inserted by No. 23/2021 s. 19.
occupier in relation to any premises or place, includes a person present at the premises or place who is in apparent control of the premises or place;
S. 3(1) def. of out of home care service substituted by No. 96/2005 s. 604(1)(b), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of performance standards substituted by No. 96/2005 s. 604(1)(c), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of permanent care order inserted by No. 4/2017 s. 5(1).
permanent care order has the same meaning
as in the Children, Youth and Families Act 2005;
S. 3(1) def. of personal information inserted by No. 11/2018 s. 5(a).
personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;
S. 3(1) def. of post-secondary qualification repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of provider inserted by No. 17/2023 s. 19(1).
provider, in relation to a worker or volunteer worker, means a person who, in the course of conducting a business or undertaking, supplies one or more individuals to another person to perform work in and as part of the business or undertaking of the other person;
S. 3(1) def. of psychologist inserted by No. 13/2010 s. 51(Sch. item 11.2), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of public sector body inserted by No. 23/2021 s. 5(2).
public sector body has the same meaning as in the Public Administration Act 2004;
S. 3(1) def. of public sector body Head inserted by No. 6/2024 s. 9.
public sector body Head has the same meaning as it has in the Public Administration Act 2004;
S. 3(1) def. of registered health practitioner inserted by No. 4/2017 s. 5(1).
registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;
S. 3(1) def. of regulator inserted by No. 4/2017 s. 5(1), amended by No. 37/2021 s. 349(1).
regulator, for the purposes of the reportable conduct scheme—
(a) in relation to an entity to which the reportable conduct scheme applies, means any of the following—
(i) a Department that is responsible for regulating the entity;
(ii) a Department that provides funding to the entity;
(iii) the Victorian Registration and Qualifications Authority established under section 4.2.1 of the Education and Training Reform Act 2006 if the entity is referred to in item 1, 2, 3 or 4 of Schedule 3;
(iv) any other body—
(A) that regulates or funds the entity; and
(B) that is prescribed to be a regulator in respect of the entity;
(b) in relation to an employee, means any of the following, as the case requires—
(i) the Suitability Panel established by section 98 of the Children, Youth and Families Act 2005;
(ii) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;
(iii) a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law;
(iv) the Victorian Institute of Teaching continued in operation by section 2.6.2 of the Education and Training Reform Act 2006;
(iva) the Social Services Regulator;
(v) any other body that is prescribed to be a regulator in respect of the employee;
S. 3(1) def. of Regulatory Authority inserted by No. 23/2021 s. 5(2A) (as amended by No. 43/2022 s. 11).
Regulatory Authority—
(a) in relation to a relevant entity referred to in item 9 of Schedule 1, means the Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria); and
Section 8 of the Education and Care Services National Law Act 2010 defines the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria).
(b) in relation to a relevant entity referred to in item 10 of Schedule 1, has the same meaning as in section 3(1) of the Children's Services Act 1996;
S. 3(1) def. of relevant authority inserted by No. 63/2016 s. 5,
repealed by No. 23/2021 s. 5(1).
S. 3(1) def. of relevant entity inserted by No. 63/2016 s. 5, amended by No. 4/2018 s. 3(2)(c).
relevant entity means—
(a) an entity that is required under section 19, 20 or 21 to comply with the Child Safe Standards; or
(b) an individual who is required under section 23 to comply with the Child Safe Standards;
S. 3(1) def. of reportable allegation inserted by No. 4/2017 s. 5(1).
reportable allegation means any information that leads a person to form a reasonable belief that an employee has committed—
(a) reportable conduct; or
(b) misconduct that may involve reportable conduct—
whether or not the conduct or misconduct is alleged to have occurred within the course of the person's employment;
S. 3(1) def. of reportable conduct inserted by No. 4/2017 s. 5(1).
reportable conduct means—
(a) a sexual offence committed against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded; or
(b) sexual misconduct, committed against, with or in the presence of, a child; or
(c) physical violence committed against, with or in the presence of, a child; or
(d) any behaviour that causes significant emotional or psychological harm to a child; or
(e) significant neglect of a child;
S. 3(1) def. of reportable conduct authorised officer inserted by No. 17/2023 s. 22.
reportable conduct authorised officer means a reportable conduct authorised officer appointed under section 16ZO;
S. 3(1) def. of reportable conduct notice to comply inserted by No. 17/2023 s. 22.
reportable conduct notice to comply means a notice given under section 16ZZJ;
S. 3(1) def. of reportable conduct scheme inserted by No. 4/2017 s. 5(1).
reportable conduct scheme means the scheme set out in Part 5A;
S. 3(1) def. of restricted information sharing entity inserted by No. 11/2018 s. 5(a).
restricted information sharing entity has the meaning set out in section 41S;
S. 3(1) def. of secondee inserted by No. 17/2023 s. 19(1).
secondee, in relation to an entity to which the reportable conduct scheme applies, means an individual who—
(a) has been provided to the entity by a person to perform work in and as part of the business or undertaking of the entity on a temporary basis for a secondment period; and
(b) is engaged as an employee of the person;
S. 3(1) def. of Secretary repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of sector regulator inserted by No. 23/2021 s. 5(2).
sector regulator has the meaning set out in section 25B;
S. 3(1) def. of sexual misconduct inserted by No. 4/2017 s. 5(1).
sexual misconduct includes behaviour, physical contact or speech or other communication of a sexual nature, inappropriate touching, grooming behaviour and voyeurism;
S. 3(1) def. of sexual offence inserted by No. 4/2017 s. 5(1).
sexual offence means an offence referred to in clause 1 of Schedule 1 to the Sentencing Act 1991;
S. 3(1) def. of significant inserted by No. 4/2017 s. 5(1).
significant, in relation to emotional or psychological harm or neglect, means that the harm or neglect is more than trivial or insignificant, but need not be as high as serious and need not have a lasting permanent effect;
S. 3(1) def. of Social Services Regulator inserted by No. 37/2021 s. 349(2).
Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;
S. 3(1) def. of State contract repealed by No. 79/2012 s. 74(1), new def. of State contract inserted by No. 63/2015 s. 5(2), amended by No. 4/2017 s. 5(2).
State contract has the same meaning as it has in the Commission for Children and Young People Act 2012;
S. 3(1) def. of statutory office inserted by No. 23/2021 s. 5(2).
statutory office has the same meaning as in the Public Administration Act 2004;
S. 3(1) def. of unique identifier inserted by No. 11/2018 s. 5(a).
unique identifier has the same meaning as in Schedule 1 to the Privacy and Data Protection Act 2014;
S. 3(1) def. of Victoria Police inserted by No. 4/2017 s. 5(1).
Victoria Police has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of volunteer worker inserted by No. 17/2023 s. 19(1).
volunteer worker has the meaning given in section 3A(3);
S. 3(1) def. of VRQA inserted by No. 23/2021 s. 5(2).
VRQA means the Victorian Registration and Qualifications Authority established under Chapter 4 of the Education and Training Reform Act 2006;
S. 3(1) def. of welfare practitioner repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of worker inserted by No. 17/2023 s. 19(1).
worker has the meaning given in section 3A(1);
S. 3(1) def. of working with children check inserted by No. 4/2017 s. 5(1), repealed by No. 34/2020 s. 169(b).
S. 3(1) def. of WWC check inserted by No. 34/2020 s. 169(a).
WWC check has the same meaning as in the Worker Screening Act 2020.
S. 3(2) inserted by No. 63/2015 s. 5(3), substituted by No. 4/2018 s. 3(3), amended by No. 23/2021 s. 5(5).
(2) A reference in this Act to the provision of a service or facility or the production or provision of goods by a relevant entity or applicable entity is, in relation to an individual who carries on a business, a reference to the provision of the service or facility or the production or provision of goods by the business.